Software License Agreement

1. You should carefully read the following terms and conditions before using, installing or distributing this software.  Your use, distribution, or installation of this software ("SOFTWARE") indicates your acceptance of this Agreement.

2. The author ("AUTHOR") grants you a non-exclusive license to use one copy of the SOFTWARE, subject to the terms of this Agreement.  The SOFTWARE is licensed, not sold.  All rights not expressly granted are reserved by the AUTHOR.

3. You may use the SOFTWARE only for evaluation purposes. If you continue to use the SOFTWARE for more than 30 days, you MUST purchase a serial number.  Purchase of serial number(s) absolves you of this condition for the number of copies specified in your receipt.

4. You may install and use the SOFTWARE on any computer used primarily by you (for example, work and home computers or desktop and laptop computers).  A copy of the SOFTWARE may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both.  This is not a concurrent use license.

5. You may make backup copies of the SOFTWARE, provided that you retain possession of your originals and your copies.

6. You may distribute copies of the SOFTWARE installer / disk image or post them on a public server, provided these are unaltered copies of the then latest version of the SOFTWARE installer / disk image obtained directly from the AUTHOR.

7. You may transfer all your rights to use the SOFTWARE to another person or legal entity provided that you transfer this Agreement, any serial number(s), and all copies and versions of the SOFTWARE. You must not retain any copies of the SOFTWARE.

8. You may not sell, sublicense, rent, lease, or lend the SOFTWARE.

9. You may not disclose your purchased SOFTWARE serial number(s) to anyone other than the AUTHOR.

10. You may not modify, reverse engineer, disassemble, decompile, or make any attempt to discover the source code of the SOFTWARE.

11. The AUTHOR warrants that for 30 days after purchase of serial number(s), the SOFTWARE will perform in substantial accordance with its documentation.

12. THIS SOFTWARE is distributed and provided "AS IS" AND WITH ALL FAULTS, AND with no OTHER WARRANTIES AND CONDITIONS of any kind, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT.  ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NON-INFRINGEMENT.  You acknowledge that good data processing procedure dictates that any program, including the SOFTWARE, must be thoroughly tested with non-critical data before there is any reliance on it.  THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

13. EXCLUSION OF ALL DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR OR ANY SUPPLIER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY.  THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. In addition, in no event does the AUTHOR authorize you or anyone else to use the SOFTWARE in applications or systems where the SOFTWARE's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life.  Any such use is entirely at your own risk, and you agree to hold the AUTHOR harmless from any and all claims or losses relating to such unauthorized use.

15. Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be to return the price you paid for your serial number.

16. This agreement takes effect upon your use of the SOFTWARE and remains in effect until terminated.  You may terminate this agreement by destroying all copies of the SOFTWARE and any serial number(s) in your possession.  This license terminates automatically if you fail to comply with any term or condition.  You agree on termination of this license to destroy all copies of the SOFTWARE and documentation in your possession.

17. This written license agreement is the exclusive agreement between you and the AUTHOR concerning the SOFTWARE and documentation and supersedes any prior purchase order, communication, advertising or representation concerning the SOFTWARE.

18. This license agreement may be modified only by a writing signed by you and the AUTHOR.

19. In the event of litigation between you and the AUTHOR concerning the SOFTWARE or documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.